New York Environmental Restriction Easement (WERE) is a legal tool used to protect and manage important natural resources and ecological features within the state of New York. It involves restrictions on the use of land in order to prevent or minimize environmental impact, promote conservation, and maintain the biodiversity and overall health of the ecosystem. By voluntarily placing an easement on their property, landowners agree to certain limitations and obligations to preserve the environment. There are several types of New York Environmental Restriction Easements that serve specific purposes: 1. Conservation Easements: These are the most common type of WERE and focus on protecting natural resources, such as wetlands, forests, wildlife habitats, and water bodies. Through conservation easements, landowners agree to restrict development, limit intensive land use practices, and maintain the ecological integrity of the protected area, often in perpetuity. 2. Agricultural Easements: Designed to safeguard farmland and promote sustainable agricultural practices, agricultural easements aim to secure the future of agriculture in New York. These easements impose restrictions to prevent the conversion of agricultural lands for non-agricultural purposes, ensure appropriate land management, and encourage farming activities that preserve soil quality, water resources, and rural heritage. 3. Open Space Easements: Open space easements are used to protect scenic landscapes, recreational areas, urban green spaces, and other public-accessible lands. These restrictions help maintain the aesthetic qualities of the area, preserve natural views, and ensure the availability of recreational opportunities for communities while preventing inappropriate development. 4. Historic Preservation Easements: These easements are employed to safeguard historically significant properties and landmarks. They typically require landowners to preserve the architectural, cultural, or archaeological heritage of buildings or sites, preventing alterations or destructive activities that can compromise their historical value. 5. Riparian Easements: Riparian easements are utilized to safeguard the health and vitality of water bodies, particularly streams, rivers, lakes, and their adjacent lands. These easements help prevent erosion, maintain water quality, protect aquatic habitats, and preserve the overall integrity of the riparian ecosystems. In summary, New York Environmental Restriction Easements play a crucial role in conserving natural resources, protecting farmland, preserving scenic landscapes, safeguarding historic sites, and maintaining the ecological balance. By imposing restrictions on land use, WERE ensures the sustainable management and protection of important environmental assets throughout the state.
New York Environmental Restriction Easement
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(An easement grants a long-term right to use or occupy the land for a specific purpose.) The DNR may issue an easement to cross state-owned lands for the purposes of constructing and maintaining roads. However, the DNR is not required to issue easements upon request.
Environmental easement means a legal restriction on a property that grants a real property interest to the State to enforce maintenance requirements, monitoring requirements, or land use restrictions.
Drawbacks Of Conservation Easements Most conservation easements are permanent and bind all future landowners (including heirs). Conservation easement holders and farmers may not always share a common vision. Conservation easements can reduce the property's overall value, making the land worth less for future sales.
Not everyone wants to buy property with an easement on it, so the property with the easement may take longer to sell. If you and your neighbor share a driveway due to an easement, and if you're the servient property, you can't stop your neighbor from using the driveway.
A conservation easement is a voluntary, legal agreement that protects the natural resources of a parcel of land by restricting future land use and/or development on the property "in perpetuity" (permanently).
Environmental easement means a legal restriction on a property that grants a real property interest to the State to enforce maintenance requirements, monitoring requirements, or land use restrictions.